Appellants contend, and in addition we agree, that impound of one’s loans labeled and you will described within the footnote cuatro became regarding interpleader or input legal proceeding concerning each of and this multiple separate and type of says try asserted: Most of the money now regarding the registry of your all the way down courtroom are formulated for the legal proceeding regarding so-named “Mallonee Case” and you will relate to this new products out of Connection. Nothing of the legal services revealed in the buy appealed out of was did about the all interpleaders or treatments where the places have been made. Plus in none of one’s proceedings and therefore contributed to the newest deposits inside the Court contains the Los angeles Bank asserted one allege for attorneys’ costs.
In order to inhabit the cash placed from the registry of one’s Courtroom to blow the recommendations getting La Lender perform, within our wisdom, getting a violent intrusion of the house rights of Financial of Bay area illustrated from the the “lien rights” against this loans in accordance with the cards off Association executed when you look at the its like by Ammann throughout his legitimate tenure once the conservator out-of Organization. Yes the outcome of purchase here appealed of will reduce the financing kept in legal being safeguards for a great legitimate indebtedness due the brand new San francisco Financial – because there are no standard fund within deposit the outcome of one’s buy is always to require fee off money before, because of the court’s very own buy, reserved since replaced guarantee securing the newest personal debt due towards the Bay area Financial. Once the appellants suggest, the transaction after that particularly insures the ensuing handicap off guarantee should never be recovered.
It could as well as seem the results of the order out-of the brand new legal do otherwise may possibly enforce fee of your own challenged attorneys’ charge up on the newest Federal Offers and you may Financing Insurance policies Agency and therefore turned into profoundly active in the lawsuits, a challenge maybe not in advance of you about this attention.
State they the fresh honor of attorneys’ charges here appealed out of do not rest on people foundation out-of unique offer otherwise statutory authorization, and you can such a factor isnt ideal. Anyway, our company is persuaded one prize out of attorneys’ charge carry out only be deductible to the “prevalent party” shortly after a trial on deserves – an issue today from the case. If for example the down judge try instead of jurisdiction of your own La Step the order awarding attorneys’ fees do not on the one theory be verified. Discover Dubil v. Rayford Go camping & Co., nine Cir., 184 F.2d 899, 902; Vicksburg, S. & P. Ry. Co. v. Nattin, D.C., 54 F.2d 712. Neither can new philosophy from law of your own situation or res judicata reduce an important idea and you can commitment of the very first jurisdictional matter underlying the newest Los angeles Step.
Says Coupons & Mortgage Co
” We think that Bank of Bay area are legally when you look at the palms of the debated assets and that it is not carrying him or her since the a great “useful trustee” towards Bank regarding Los angeles.
It can be our very own examine you to unless of course and up until La Lender prevailed and you will recovered this new possessions previously held by one Bank, this has none authored nor maintained a fund out-of and that attorneys’ costs can be paid back
Appellees to make certain united states you to definitely for the honours of your own particular right here significantly less than talk, biggest success or inability on the legal actions are a false number. Its dispute would be the fact “the test * * * [is] * * * whether the litigation is used in good-faith and on sensible grounds.” The way it is out of Pacific. v. Hise, 25 Cal. 2d 822, 155 P.2d 809, 158 A good loan places Mountain Brook.L.Roentgen. 955, is cited due to the fact sustaining the brand new propriety and you may legitimacy of one’s interim honor so you can appellees about instant instance. Some other instance allowed to be “squarely for the area” is Eggert v. Pacific , 53 Cal. App. 2d 554, 127 P.2d 999.